Butcher v. Pearson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward Butcher, Jr., from a judgment of the Supreme Court in favor of the defendant Frederick S. Pearson, entered in the office of the clerk of the county of Kings on the 4th day of May, 1899, upon the decision of the court, rendered after a trial at the Kings County Special Term, sustaining said defend- ■ ant’s demurrer to the complaint, upon the ground that.it did not -state facts sufficient to constitute a cause of action against him.
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Appeal by the plaintiff, Edward Butcher, Jr., from a judgment of the Supreme Court in favor of the defendant Frederick S. Pearson, entered in the office of the clerk of the county of Kings on the 4th day of May, 1899, upon the decision of the court, rendered after a trial at the Kings County Special Term, sustaining said defend- ■ ant’s demurrer to the complaint, upon the ground that.it did not -state facts sufficient to constitute a cause of action against him. The action was brought to procure an adjudication- that an assignment made by the defendant Edward B. Cuthbert to Ernest H. Ball for…
1Opinion of the Court
Willard Bartlett, J.:
The allegations of the complaint may fairly be summarized as follows:
On August 31, 1897, Edward B. Cuthbert, being insolvent, made an assignment for the benefit of* his creditors to Ernest H. Ball, who accepted the trust and took possession of the assigned property, worth upwards of $5,000. This assignment was executed by Cuthbert with intent to hinder, delay and defraud his creditors. Both Cuthbert and Ball are insolvent. On September 9,1897, Mary C. Morrell (whose rights the plaintiff has acquired) began an action in .the Supreme Court in Kings county against Cuthbert.…
2Cases cited5 opinions
- Anthony v. . WoodNew York Court of Appeals · 1884
- Throop Grain Cleaner Co. v. . SmithNew York Court of Appeals · 1888
- Whitney v. . DavisNew York Court of Appeals · 1896
- Backus v. KimballNew York Supreme Court · 1891
- Whitney v. DavisNew York Supreme Court · 1895
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